Bankruptcy Law

Article R. 622-24 of the Commercial Code, applicable to the court-supervised liquidation procedure by virtue of Article R. 641-25, provides that the deadline for declaring claims is two months from publication of the opening judgment in the BODACC . For creditors holding published security interests or contracts, the time-limit for filing a claim runs from notification of the notice to file.
For c …

Deadline for filing claims

Article R. 622-24 of the Commercial Code, applicable to the court-supervised liquidation procedure by virtue of Article R. 641-25, provides that the deadline for declaring claims is two months from publication of the opening judgment in the BODACC . For creditors holding published security interests or contracts, the time-limit for filing a claim runs from notification of the notice to file.

For claims arising from a criminal offense, Article L. 622-24(7)  stipulates that the time-limit for declaration by the claimant may run from the date of the final decision setting the amount of the claim, when this decision is made after publication of the opening judgment .

If the procedure is opened by a court based in mainland France, the notification period is extended by two months for creditors who do not live in mainland France. If the procedure is opened by a court based in an overseas department or collectivity, the declaration period is increased by two months for creditors who do not live in this department or collectivity . If, on the date of publication of the judgment opening the procedure, the person empowered to represent the creditor is not located at his or her place of business in France, but at his or her head office abroad, he or she can benefit from the extension of the time-limit for declaring the claim .

Furthermore, documents in support of a claim filed after the expiry of the time-limit for filing a claim, at the request of the legal representative, have evidential value .

Lastly, the provisions of Article L. 622-24 of the Commercial Code, whose purpose is to enable a rapid assessment of liabilities, have not been found to be contrary to the Constitution, since they make no unjustified distinction between the starting points of the time-limits laid down, depending on the date on which the claim arose, the publicity to which the creditor's rights are subject, or whether the creditor is the victim of a criminal offense .

Cass. com. 31 January 2012, LawLex202100002883JBJ (RJ), emphasizing that when the publication of the opening judgment in the BODACC contains an error as to the indication of the debtor's activity, it does not incur nullity if it otherwise contains all the personal information relating to the debtor enabling him to be sufficiently identified.

Applicable to the receivership procedure on reference from art. L. 641-3.

See for an application, Cass. com., 27 November 2019, LawLex202200002312JBJ (LJ).

Cass. com., 26 October 2022, LawLex202200010331JBJ (S).

Cass. com., 23 March 2022, LawLex202200010116JBJ (RJ).

Cass. com., 5 September 2013, LawLex202100001180JBJ (RJ).

Bankruptcy Law

742. Deadline for filing claims

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742. Deadline for filing claims

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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